Did you apply for an adjustment of your immigration status, and then did you receive a Notice of Intent to Deny (NOID) from USCIS? If so, you are probably stressed and confused and not sure what to do next.
The good news is that a Notice of Intent to Deny doesn’t need to be the end of your immigration journey. It may be an opportunity to give the USCIS what it needs, so that you or your family can finally get the immigration status you need.
If you have received a Notice of Intent to Deny, you can contact Boston immigration attorney Giselle M. Rodriguez. Giselle helps clients with the full range of immigration challenges. She is bilingual (English & Spanish), and works with clients throughout Greater Boston, Massachusetts, and beyond. Giselle is available for consultations 7 days a week (by appointment). Contact Giselle today to discuss your case and your application, or read on to learn more about why you received a NOID and what to do about it.
What is a USCIS Notice of Intent to Deny (NOID)?
A Notice of Intent to Deny is what it sounds like: a notice of intent. Your petition has not been denied yet, and may still not be. USCIS has noticed a problem with your application that makes denial very likely.
Read your Notice carefully. It will give you some information about why USCIS plans to deny your application. You’ll also see you have some time to respond, though not much time.
Why do you receive a Notice of Intent to Deny?
USCIS usually sends a NOID for one of the following reasons:
- There is insufficient evidence to process your adjustment of status.
- USCIS believes you made a fraudulent claim on your application.
- USCIS believes some of the evidence you submitted may be fraudulent or fake.
- Your initial application was incomplete or contained errors.
If you are seeking a marriage-based adjustment of status – like because you want to “upgrade” your conditional green card to a permanent green card – your NOID may tell you that USCIS believes you are not engaged in a bona fide marriage.
The official policy is to issue a Request for Evidence (RFE) or a NOID if the immigration officer determines there is a possibility the benefit requestor IS eligible for an adjustment of status, but needs to provide more evidence first, even though officers should not issue “unnecessary” RFEs and NOIDs.
You will not receive an RFE before getting a NOID: USCIS officers submit one or the other. An RFE means the officer isn’t sure whether the petition should be approved or denied. A NOID means the officer thinks the petition should be denied unless offered evidence that proves they are wrong. The difference is a subtle one, but it’s an important one.
What should you do if you receive a Notice of Intent to Deny?
In general you have 30 days to repair the deficiency that led to the NOID in the first place. Make sure to read the notice to check the specific timeframe allowed. If you aren’t already working with an immigration attorney, you should get an immigration attorney as soon as you receive the NOID.
There is still time to salvage the situation, but we need to pinpoint what’s wrong with your application, gather the appropriate evidence, and restructure your application so that USCIS is inclined to approve your application rather than stick with the denial. We must respond before the deadline, and there is no more room for mistakes.
How to avoid a NOID
You should not attempt an adjustment of status alone, unless you really don’t care much about the outcome. Though it’s easy to find and file the forms online, it is not easy to do so in a way that motivates USCIS to approve your application. The hard reality is that USCIS looks for reasons to deny an application and treats every application as fraudulent until they are convinced.
I can help
If you are in the Boston area, want to immigrate here, or need help bringing a loved one here, and you received a NOID, contact me to schedule a consultation today.